Western Australian Current Acts

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REGISTRATION OF DEEDS ACT 1856 - SECT 20

20 .         Mistake or omission, if not wilful, may be rectified by court

                That in case it shall be made to appear to the satisfaction of the Supreme Court that any registration purporting or intended to be made in conformity with the provisions of this Act is imperfect by reason of any mistake or omission on the part of the said Registrar or any person in his employ, or of any person concerned in effecting such registration, and that such mistake or omission was not wilful or fraudulent, and that the same may be rectified without wrong or injury to any person lawfully claiming an interest in the subject matter of such registration, then and in such case it shall be lawful for the said court, on such terms and conditions (if any) as to it shall seem meet, to order that such mistake or omission be duly rectified; and if any person whose act or signature would, in strict conformity with law, have been requisite to the original sufficiency of registration, shall be dead or absent from this State, or under any incapacity, the said court may further order that any other person named in such order shall sign or act in lieu of the person so deceased, absent or incapacitated; and the said Registrar, on being served with any such order, shall forthwith obey the same, and make all necessary or convenient references to such order in his books of registry and indexes; and every registration when so amended shall, from the date of such amendment, be as valid and effectual to all intents and purposes as if the same had been originally complete and regular.

        [Section 20 amended: No. 17 of 1974 s. 9; No. 59 of 2004 s. 136.]

[ 21.         Deleted: No. 17 of 1974 s. 5.]



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